 The Clarinet BBoard
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Author: xpedx7342
Date: 2010-04-13 01:14
I will soon have Crusell's first clarinet concerto after much deliberation. Something I noticed long in hte apst is that it is not on IMSLP, even though this was written long ago. I was wondering if it would be ok for me to upload the parts and solo to this concerto there, as it really is a great piece and the pblic shold be able to get it. If there are any illegal thing which I'm not seeing please let me know!
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Author: Mark Charette
Date: 2010-04-13 01:32
It may or may not be a complicated proposition. As they say, "it depends".
If the copyright on the piece that you own is copyrighted in the USA and pre 1923 you're pretty much covered. After that is a guess - depending on whether or not there is "significant" editorial content. You won't know what significant means until a lawsuit arrives if it ever does.
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Author: tictactux ★2017
Date: 2010-04-13 06:34
The piece's copyright may have expired - the published edition's most probably not, unless you have a really old copy.
You may upload the score to IMSLP (eg typeset it yourself), but I wouldn't recommend to simply scan your sheets.
--
Ben
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Author: Lelia Loban ★2017
Date: 2010-04-13 12:22
Your e-mail seems to be coming from Illinois. If you're near Chicago, check and see whether a large public library or museum collection might have a a photocopy of the original score or a copy of the earliest published edition, with an expired copyright. I prefer to copy from a photocopy when one is available. Some libraries circulate photocopies even if they own originals. The reason is to encourage patrons to read and Xerox the more-or-less worthless modern photocopy in order to save wear and tear on the sometimes-fragile original.
Lelia
http://www.scoreexchange.com/profiles/Lelia_Loban
To hear the audio, click on the "Scorch Plug-In" box above the score.
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Author: Jack Kissinger
Date: 2010-04-13 13:51
Disclaimer: I am not a lawyer.
It occurs to me that, if you are renting the score and parts from Schirmer, photocopying them could be a violation of the terms of the license they grant you to use their material under the rental contract. Just a thought.
Best regards,
jnk
Post Edited (2010-04-13 13:58)
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Author: Mark Charette
Date: 2010-04-13 13:59
Jack Kissinger wrote:
> It occurs to me that, if you are renting the score and parts
> from Schirmer, copying them could be a violation of the terms
> of the license they grant you to use their material under the
> rental contract. Just a thought.
If the rental states you cannot copy, that most certainly would be in violation of your rental agreement!
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Author: mrn
Date: 2010-04-13 15:11
tictactux wrote:
Quote:
The piece's copyright may have expired - the published edition's most probably not, unless you have a really old copy.
It depends on when the editor did the editing.
Quote:
You may upload the score to IMSLP (eg typeset it yourself), but I wouldn't recommend to simply scan your sheets.
That is not correct. What matters is not who typeset the thing, but what the content is. When we talk about *editions* being under copyright, we are talking about the contributions in terms of *content* that were made by an editor, such as a change in articulations, dynamics, etc. Even if you type it all out yourself, if you include whatever editorial changes were made by the editor, you're still in danger of violating the editor's copyright.
And, actually, most of the scores on IMSLP are scanned in from the actual published editions that have fallen into the public domain.
I still wouldn't scan in/copy a set of rental parts, though. As Jack noted, your rental agreement probably prohibits it, and the rental agreement controls what you do with the rented parts.
Remember that a contract (which is what a rental agreement is) is an agreement that creates legal obligations/restrictions that the law by itself does not.
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Author: Nessie1
Date: 2010-04-13 15:49
This reminds me of a case here in the UK where a well-respected record label got sued for recording an edition of 18th century music which had been made by a modern academic without clearing it with him (or paying him in advance) - he succeeded in convincing the court that features such as his realisation of figured bass constituted an original work which should be copyright, if I remember the details of the case.
Vanessa.
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Author: stevensfo
Date: 2010-04-13 17:05
-- " What matters is not who typeset the thing, but what the content is. When we talk about *editions* being under copyright, we are talking about the contributions in terms of *content* that were made by an editor, such as a change in articulations, dynamics, etc. Even if you type it all out yourself, if you include whatever editorial changes were made by the editor, you're still in danger of violating the editor's copyright." --
Excellent point!
I'm all for making as much sheet music public domain as possible - provided that - according to law - the composer has been dead over 70 years and it's not a copy of an edition in copyright.
If a publisher wants to print an old work in easier-to-read print and with a few changes, and find someone to pay for it, then that's their right... and it's their copyright.
But there's nothing to stop you from putting a piece of cardboard bearing the words 'Publisher' on your desk and doing the same thing. ;-)
Steve
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Author: tictactux ★2017
Date: 2010-04-13 23:00
mrn - yup, thanks for putting the finger on the sore spot - I did mean "typeset from an original source" (ie preferrably a copyright-expired age-old score). As they are often difficult to reproduce satisfactorily (because of age and pizza spots etc) I suggested re-typesetting it. But you're right - be careful with stuff that might not be original, or expired in some way.
--
Ben
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